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I feel I should know this but who awards the points? Atosh or DWP?

Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

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Atos answer the questions in LiMA. The picture below is how the computer looks when ATOS is doing your assessment. The picture is from the computer programme which was used for IB. I believe that the ESA system is very similar, though no-one knows because they won't release it. This is not what ESA processors will see; they see the full report. This is just how the programme looks on ATOS' computer:

 

93977681.jpg

 

ATOS answers the question. The answer they select is the "descriptor". The DWP have a set number of points for each descriptor which is set in law. (schedule 2, here). The DWP will calculate your points based on the descriptors provided by ATOS and other evidence. So the answer to the question is, both. ATOS do the assessment which provides the descriptor, and the DWP calculates your total number of points based on what the ATOS report says. ATOS give you the descriptor; the DWP Decision Maker has no say in what points apply to it, they just apply the corresponding points to the descriptor that the claimant meets. But ATOS will not necesserily know how many points a descriptor will score.

 

I could of course, be wrong. This is how I believe it works based on my knowledge of the system, but I've never processed an ESA claim nor have I performed a LCW assessment as I don't work in either ATOS or DWP. Antone has been an ESA processor so he should be able to confirm/deny my theory!

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Thanks for that.

 

dj

Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

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Yesterday NO operation....

 

arrived hospital 7 am,not far cos we spent sunday night.

 

i was 3rd in line , seemed like forever, had a feeling that it was not going

to be my day(also there was women who had been waiting about the same time who was told about 15 minutes before me "no OP.(different surgeon)

 

thats the way it goes,been booked in for the 21st of June.

 

thanks every one kind wishes(thinking i was being going to be operated on,,so did i,, so did i, it wiil "HaPPen?

 

anyway, back to the " Battle" with atos/dwp

 

happe h:)

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just a quick question,(this might be a bit way off)

I had a "PATHWAYS" to work interview,

on the 1st of Febuary,when you do all "action plan",aims,additional/info.,

 

and had my actual medicl assessment on the 5th(feb),so thinking about it,

 

I had a WORK FOCUSED INTERVIEW before i had my (Limited capability for work assessment)?

 

IS THIS CORRECT(just going over,looking over stuff...?

 

How can attend wf-interview before ,(atos medical?????)

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I have 2 letters dated the 11th of febuary.

 

1 We cannot pay you ESA from 11th febuary 2010(JCP/belfast)

 

2 About your limited capability for work assessment,?(ESA65)

 

How can i get a (esa65),dated 11feb,recieved 13 of feb?

 

 

 

In my recent "Bundle" of paper work from DWP,I have a(ESA56),3 pages

this is headed "Worksheet for the work capability Assessment",dated the 11th of febuary(this cannot be correct,does not make SENSE?

 

Already attended "pathways"on the 1st of feb,then this esa56,which i got just recently?

This ESA56 ,

Reference to the Decision Maker

Box ticked - A determintion on the WCA is Required on the basis of the

customer score......dated 11 febuary..

any "thoughts"

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The processes for the WCA are totally separate from those for the work focused interviews. They aren't connected with each other so yes, it's perfectly normal for people to be asked to attend WFIs before they've had their WCA.

 

I'm afraid I don't really understand what you're asking in the rest of your latest post. Could you rephrase or clarify?

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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antone is correct. This confused me for a bit.

 

The idea was that the WFC would have been done before the WFI's kicked off.

 

If the WCA is delayed it doesn't stop the WFI process - it was a bit of a boo boo by not linking them.

 

If you do a bit of googling there's complaints not just by claimants but also by the DWP staff conducting the WFIs. The staff are saying they have no information on the claimant (which the WCA would have given them) so can not offer them help or advice. They are also not happy about seeing people who are clearly too ill to be there. Dito from the claimant point of view so it's basically a waste of both parties time in most cases.

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so when i am likely to have my (work capability assessment?),or was this included when i had my medical assessment(original) on the 5th of febuary?

 

my whole experiance only lasted 29 minutes,,,,(medical assessment),

 

Plus 14 minutes to complete the report, making a "Grand" Total of

 

"Forty three" minutes.,,sorry if i am bit "slow",have not got a(esa/atos/dwp) Degree.

THANK YOU,once again (antone,honeybee,

speedfreek), "appreciated"

any more thoughts, still happy,but bit

"confused":confused: cheers .

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Noticed, antone is about to night ,just posted on(In Lawyer Mode)

basically thats about (esa -customer statement),just like antone

"thoughts",incite into (PAGE 4 of 12,customer statement)

 

ABOUT YOU- Customer Details

 

Nat ins NO-------------------- xxxxxxxxx

Customer ref NO----------------(blank)

D of birth-----------------------xxxxxx

title-----------------------------xx

surname or family name----------xxxxxxxxx

first name------------------------xxxxxx

other forenames------------------(blank)

start date-----------------------(06 may 1988)??????????

 

anyone any ideas what the question would be to the answer,(06 may 1988) "can not think", just wonderng if antone would have any clue:confused:

 

"this date-means nothing?, any one else got a customer statement?:confused:

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what 6 of may 1988,(oh my giddy aunt)

 

"What does this mean",just looked at page 9 of 12

 

self- Employment trading Stopped?-----------NO

 

speedfreek, do you think they (JCP) think i was still working?

 

"TOTAL CRAP" (I have posted in "In Lawyer Mode",thread

earlier this evening,(have a look)

 

Is this customer state ment which i just filed and forgot about untill

when "in lawyer mode" thread surfaced...?

 

what is "Going On"

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Yes

 

I wondered about this date or what it was for?

 

To tell you the truth I haven't the foggiest!

 

If you follow the statement you can have 3 names ; after each one it asks for start date (and for the last 2 it follows that with an end date as well).

 

So... if you were ever called happyhamr 'I hate Thomas Cook......' like that strange lady in the news this week or 'Luke happyhamr Skywalker' when was that?

 

As for the other question (sorry just read other your other thread) not sure?!

 

In my proffesional opinion you need step away from the form and have a nice cup of tea \o/ ;)

Edited by speedfreek
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DWP ESA Medical Examinations New pages. Keeping up the fight!

 

Our good friend and fellow cagger mikebach has added 2 more web-pages to his highly recommended (by caggers who've visited it) site.

 

DWP ESA Cases

 

DWP ESA Politics

 

There are loads of new links on the "Cases" page, half of which (14 no less!) are to our threads on CAG.

 

Best regards, and thanks to mike if you read this,

Paul.

I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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hellow speedfreek, I probably need more than just a "cup of tea",and not just me......(I think all of us.)

 

Thank you ,loanranger for all that information,I honestly dont know what we would "ALL" do with out your,input/advice and help. Cheers

 

hellow kelcou,hope you are ok

 

Keep up the "Fight", everyone, happEhamr:)

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just an update on my hospital appointment?

 

1-went in on 7th june(waited all day,Cancelled) :|"thats life"

2-new op scheduled for 21st of june,(re-arranged for wed 14th of july):?

3-phone call from hospital,saying op now being arranged for monday the 12 of july:rolleyes:

 

so monday the 12th of july is the new date,("fingers and every thing else crossed")

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  • 3 weeks later...

hellow everybody:-)

Update:transport laid on for monday morning,hopefully be operated on.,

"this time":rolleyes:

 

just wanted to ask question;becuse you know how things just "niggle" in your brain?

 

1-" is their anyoneon this forum in the WRA group(S),who attend WFI(S),

and actually get the additional monies (£25).

 

I know if you get 15 points at your medical you are put in the support group(quite right),you do not have to attend these WFI(S)."its up to you",

OK ,I understand this., but most people DO NOTget the magical 15 points:

so have 2 choices;

1-appeal decision(go back to assessment rate of esa £65)"these people are not entitled to extra £25,me included unless we win appeal our appeals:eek: ,but we still have attend these WFI(s). "if we do not our benefit could be stopped.

 

2-dont appeal (go back on JSA),because they have not got the strenght/effort to appeal,"can not be bothered with the whole the process,for whatever "reasons"(its just to MUCH")"whats the point".

 

this is what these organisations are "banking" on,,keep "grinding "all of us

down,but we "MUST NOT" let them:-)

 

so is their anybody on here in these WRA group(s) getting the extra

£25 for being in them:confused: yes or no:-)

 

a big :-),everyone happyhamr:-)

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Don't know about WRA or WFI but I don't think you'll get £65 while waiting for appeal. I get £52. That's 20% off my IB and minus my Disability Premium.

 

I have been wrong before though.:rolleyes:

Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

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If you get 15 points at the medical assessment, you are eligible for the Work Related Activity Group, but not automatically the Support Group.

 

You have to pass another set of harder descriptors (Limited Capability for Work Related Activity) to get on to the Support Group.

 

I got 21 points at my medical and was put onto the WRA Group. I appealed as I know I should have been on the Support Group. While I was waiting for the appeal to go through, I attended all of the mandatory WFIs.

 

While I was on the WRAG, I got the increased payment of about £89 I think plus a severe disability premium because I am also entitled to DLA.

 

Eventually a couple of weeks ago, the DWP revised their decision and put me onto the Support Group after I sent them evidence from my GP (which I had posted to the Tribunals Service). I then got arrears from last August of the £5 a week + another premium of about £13 per week.

 

I have never seen my medical report from ATOS (the DWP sent me an appeal pack for someone else with the same surname as me.) Even when the Tribunals service wrote to me with a copy of 'my' papers, they were for this other person :rolleyes:

If my posts have been helpful, please click the star icon and add to my reputation points. Thanks! :-D

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hellow doktor john:-)

 

have been getting £64...since febuary ,when appealed decision,£65 and bit since (april),"money went up" 1 pound plus. "(whop pee:-))

 

sorry to be a pain;but i really would like to know if their is anyone/body who are in these WRA(s),who attend these WFI(s) and get the additional

£25pounds:rolleyes: "anyone/ body",,:?:

 

This does make any sense to me:confused: "it seems to me that this another way of the dwp misleading/confusing people with the wording,in relation to the information they "churn out". WHY , is it we are always "complaining

about the forms we all have to fill in:?:

Reason- (this is what dwp want:x) they want to make it as "difficult" as possible ,so if you do make a "genuine" mistake filling in loads and loads of

forms:confused: >>>>.then they can stop/sanction your monies:mad:(why is their

more and more,coming on to this forum?(because they need "HELP".

 

"this is happening NOW. "this is only going to get Worse in the future:-(

These organisations just dont care."they dont do they"

 

happyhamr (not happy at moment)

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